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Agate Fossil Beds
Administrative History |
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CHAPTER 5:
A DECADE OF CHALLENGES AND REASSESSMENTS, 1971-1980
Challenging the Cook Estate, 1971
Superintendent Homer L. Rouse began the new year 1971 with a status of operations report to Regional Director Leonard J. Volz who filled that position following the November 1970 death of Fred Fagergren. Land acquisition was ranked as the number-one concern. Pessimistic on the forthcoming response from the Cook heirs to the compromise for scenic and access road easements, Rouse wanted to proceed with the condemnation action:
You will no doubt become involved in this final action as will the local congressmen. It has been their practice to solicit congressional help each time final action appears imminent. The case history is quite lengthy and has had a great bearing on the development of the area. This change to scenic easement with no other rights to the Agate Springs Ranch makes it imperative that a Master Plan be developed with a strong statement on history. [1]
In the curatorial area, Harpers Ferry Center authorized $3,000 for curating and cataloging the Cook Collection. Rouse expressed dismay at having responsibility for the care and protection of irreplaceable materials stored at far-away Fort Larned. [2]
The answer from Margaret Cooks' stepdaughters on the question of scenic easements came in a letter from their attorney, Robert G. Simmons, Jr., on February 8, 1971. While the letter never mentioned the easement question, it threw National Park Service plans at Agate Fossil Beds National Monument into confusion. Enclosed in the letter were photocopies of two legal documents recently discovered by two of the daughters, Eleanor Naffziger and Dorothy Meade.* The documents revealed that in 1916, the Cook Collection transferred ownership from Captain Cook to his mother-in-law, Mary E. Graham, in exchange for land. In 1931, Mrs. Graham donated the Cook Collection to the Cook Museum of Natural History at the Agate Springs Ranch. Lawyer Robert Simmons concluded, therefore, that Mrs. Margaret C. Cook's donation of the Cook Collection in 1968 was unlawful:
Under Nebraska law, these instruments create James H. Cook and his son, Harold J. Cook, as trustees. Anyone receiving under them would likewise continue as trustees. It follows that the collections were not, since 1916, the personal property of James H. Cook or Harold J. Cook, and could not become the personal property of Margaret C. Cook by inheritance. Margaret C. Cook was aware of this fact, as demonstrated by her signature on the conveyance dated 1931.
The law of Nebraska states that a trust never terminates for lack of a trustee. Therefore, the trust still continues and these collections are the property of the Cook Museum of Natural History as a trust.
The ladies recall Harold Cook's statement that they were to be joint trustees of the Cook Museum of Natural History. They did not see how Mrs. Cook could donate the collections personally, since she was only one of several trustees. These papers underline that fact. Additional papers list as trustees Margaret Cook, Dorothy Cook, Winifred Cook and Eleanor Cook, as well as James H. Cook and Harold J. Cook and Margaret C. Cook.
The sisters are aware that this creates an awkward situation for you. They regret this, and fully understand that the National Park Service, in assuming ownership of the collections, did so in good faith.
Nevertheless, they request that ownership of these collections be honored, and the National Park Service account for them and arrange to return them to the Cook Museum of Natural History, at Agate, Nebraska. [3]
*The documents were discovered when the Cook heirs culled through the considerable stack of papers left behind following the summer 1969 evacuation of the Agate Springs Ranch buildings. Mrs. Meade believed her father intended to form a corporation of the Cook Museum of Natural History with his daughters as trustees. Because no official incorporation had ever been undertaken, no serious claim for ownership on behalf of Harold Cook's daughters could be made. See Mrs. Grayson E. (Dorothy Cook) Meade, interview with author, Agate Springs Ranch, 22 May 1986, transcript, p. 16.
The Park Service girded itself for a court fight. Rouse transmitted the potentially explosive documents to the Washington Office on February 12, 1971, adding he was abandoning curatorial plans for the collection until the status of ownership was determined. The Service appealed to the field solicitor of the Department of the Interior. [4] Homer Rouse's February 23 reply to Robert Simmons' letter was short and terse: "The subject concerning the Cook Family Collection has been turned over to our Field Solicitor for study. I will keep you advised of further action on this subject." [5]
The Solicitor Opines for the Park Service, 1971
Actually, the official request for a Solicitor's opinion did not leave the Midwest Regional Office until March 12, [6] but a speedy, unofficial opinion by Regional Solicitor Palmer King on March 17 favored the National Park Service. [7] On April 2, the Service conveyed the Solicitor's opinion to Robert Simmons. Solicitor King noted that settlement of the Cook Estate which conveyed title of the Cook Collection to the Service was done without "any contest of the will or any opposition on the part of the daughters to the distribution of the items of personal property":
The "Receipt and Record" signed by Mary E. Graham on June 16, 1916, and witnessed by Harold J. Cook in my opinion is without legal significance. The recitations in the document are simply a self-serving statement by Mrs. Graham, the purported recipient of the property, that she had conveyed certain land to James H. Cook (Captain Cook) and in return he had sold and transferred his collections to her. To have any significance, the document should have been signed by Captain Cook as the seller of the property rather than by the purported buyer.
Thus, there is no evidence that Captain Cook was ever a party to any such agreement, and there is no evidence that the collections were ever delivered into the possession of Mrs. Graham by Captain Cook, or that Captain Cook ever regarded his collections as belonging to anyone other than himself. The collections remained in Captain Cook's home, in his possession, and in his apparent ownership until his death in 1942.
As for the "Donation" to the
Cook Museum of Natural History dated September 24, 1931, signed by Mary E. Graham and witnessed by Harold J. Cook, John F. Cook, and Margaret C. Cook, it is my opinion it is likewise of no legal consequence. In light of the lack of legal significance of the 1916 instrument, I find no evidence that Mrs. Graham had legal ownership of the collections and thereby authority to make a donation of the collections. Here again, Captain James Cook did not witness or sign the instrument nor is there any evidence showing that he even had knowledge of its existence. In any event, it is questionable in several respects whether this instrument meets the legal requirements for the establishment of a valid trust, or whether, if a trust did result, it survived after the death of Captain and Harold Cook. As for the daughters' recent recollection of Harold Cook's statement that they were to be trustees, there is no such provision in the 1931 document for appointment of successor trustees in any such manner, and thus no basis that would give them standing to demand that the property be returned to Agate Ranch and placed in their custody.
I can readily understand the interest of the daughters in the collections, but I am sure that you also understand that Government employees have no authority to surrender property in their possession where title has been decreed to be in the Government except upon the clearest evidence showing that the decree of the Court conferring title was void. As stated above, it is my opinion that no persuasive facts, documents or other evidence have been presented that would cast any substantial doubt on the Government's rightful ownership of the property. [8]
With the firm Solicitor's opinion, Rouse reactivated curatorial plans for the Cook Collection. From April 20 to 23, Vera Craig, Harpers Ferry Center Curator; Paul Magyar, seasonal curator; and Roy Weaver were at Fort Larned to inspect storage facilities and assess needs. They found the collection scattered in four separate buildings: North Officers' Quarters (HS-09), Quartermaster Storehouse (HS-06), New Commissary Storehouse (HS-04), and South Officers' Quarters (HS-07). [9]
While the dispersal of the collection at Fort Larned caused Rouse much concern, he postponed any immediate action. The 1971 visitor season began for both park areas under his care. Two clean-up programs were undertaken at Agate Fossil Beds. The first was accomplished on April 3, when a local Boy Scouts of America troop cleaned out two garbage dumps along the banks of the Niobrara. The effort came about as part of a nationwide cooperative agreement between the Park Service's Save Our American Resources (SOAR) and the Boy Scouts' Conservation Good Turn programs. [10] The second project in mid-July involved hazardous rock removal from Carnegie Hill. Jack Gartner, an explosives expert from Rocky Mountain National Park, successfully applied his talent to a dangerous rock overhang on Carnegie Hill to prevent potential visitor injuries and large tort claims. [11] The work resulted from a major June 9 rockslide which missed the glass exhibit cases, but smashed the seating bench for visitors. [12]
Rescuing the Collection from Fort Larned, December 1971
The summer 1971 season (and for the next several years) brought persistent problems with strong skunk odors emanating from beneath the visitor center trailer. Tear gas, used in sufficient quantity, proved an effective deterrent. [13]
Roy Weaver's position, which had been down-graded for an undetermined length of time to Ranger-in-Charge (GS-07), returned to its original authorization of Management Assistant (GS-09) on March 7, 1971. The change reflected legitimate position responsibilities. Weaver's duties further increased in mid-1971 when he began the two-year in-park Mid-level Manager Development Program. [14]
Homer Rouse's doubts about the safety of the Cook Collection intensified after the curatorial team returned from Fort Larned. In June, he visited Fort Larned to inspect the facilities first-hand. What he saw shocked him. In one of his last actions as superintendent before transferring to the Washington Office in late August, Rouse sent a memorandum on August 6 to Regional Director Leonard J. Volz pleading his case. Recalling August 1969, when "on short notice we were forced to move all 18,070 pounds of material out of the ranch house and seek temporary storage," Rouse argued that Fort Larned was chosen on the sole criteria that it was the closest area in the Midwest Region with space to accommodate the collection. The choice, Rouse asserted, was a bad one:
It is my opinion that the storage of the inherited memorabilia from the Cook estate in the old buildings at Fort Larned, Kansas, is a mistake. In a [sic] effort to save money on storage we are contributing to the rapid deterioration of this material at the inconvenience of the staff at both Fort Larned and Agate Fossil Beds. [15]
Rouse related the egregious conditions at Fort Larned. The fort's old, deteriorated buildings had taken a severe toll on the collection. Moisture and dust had damaged materials not stored in boxes. Rodents had gnawed their way into some boxes with resulting fabric damage. The massive Cook Papers Collection competed with the maintenance shop for space. Fire protection was almost nil and security poor; access to some buildings could be gained simply by pulling boards off windows. Restoration activities on fort buildings necessitated constant moving of boxes. Rouse also feared that the Fort Larned Historical Society, a group actively promoting their area, might be tempted to mix Cook materials in with their own. In conclusion, Superintendent Rouse called for the return of the materials to Agate Fossil Beds for safekeeping and cataloging. He recommended that a prefabricated metal building measuring forty by seventy-two feet ($5,000) be erected to store the collection. [16]
On September 1, approval of funds for a storage facility at Agate came from Omaha. Unfortunately, it was impossible to have the structure in place for the transfer of the collection by early winter. [17] Refusing to allow the Cook Collection to suffer a third winter at Fort Larned, Harpers Ferry Center recommended the Cook Papers Collection be transferred to a 600-cubic-foot storage space in the basement of the Midwest Regional Office. [18] This was accomplished on December 1, while it took a full three days to load and transport the remainder to Lincoln, Nebraska, where the Midwest Archeological Center had arranged for storage space in the basement of the old Post Office. A few of the larger pieces remained behind, on loan to Fort Larned. [19]
The next step for park management was to return the entire Cook Collection to Agate Fossil Beds National Monument where it belonged.
Stalemate, 1972
Donald R. Harper, former District Ranger (South District) at Bighorn Canyon National Recreation Area, Montana, became Superintendent of Scotts Bluff and Agate Fossil Beds in October 1971.* Other administrative changes followed. Management Assistant Roy W. Weaver transferred in 1972 to Glen Canyon National Recreation Area Arizona, and was replaced by Dennis J. Turay on November 11, 1972. Alice I. Swigert, part-time clerk-stenographer, resigned and was replaced by Linda D. Hahn on July 10, 1972. [20]
* Don Harper's National Park Service career began in 1960 when he entered a student ranger trainee program at Yellowstone. His first assignment was at Glacier National Park, followed by Rocky Mountain, Shadow Mountain, and Bighorn Canyon. See Donald R. Harper, interview with author, Fort Collins, Colorado, 29 October 1985, transcript.
Progress on the scenic and road easements had stalemated. The Cook sisters refused to budge. Neither did they recognize the validity of the Solicitor's opinion on the ownership of the collection. Superintendent Harper noted on February 29, 1972:
I propose to continue work on the collection, sorting and cataloguing as funds and manpower allow. However, the situation should be settled. I recommend that the sisters be informed that we are proceeding on the basis of the solicitor's opinion, and that if they feel the necessity of litigation, they can proceed. [21]
The Cook heirs filed a lawsuit for possession of the Cook Collection against the National Park Service in mid-1972. Don Harper compiled a list of men who knew Harold Cook and were connected with his work and the "Cook Museum of Natural History" to assist the Service in the pending litigation. Four names were on Harper's list: Dr. James Reed Macdonald, Professor of Paleontology at Foothills College, California; Dr. Malcolm C. McKenna and Morris F. Skinner, curators at the American Museum of Natural History; and Dr. Ray Lemley, Rapid City, South Dakota. [22]
Curatorial care of the disputed collection did indeed continue. A staff archeologist from the Midwest Archeological Center inspected the stored Cook materials at both Fort Larned and Scotts Bluff on May 4 and 5. He recommended it was in the Service's best interest to bring all the artifacts, except those on loan to Fort Larned and in storage at Scotts Bluff, together in Lincoln for cataloguing and preservation treatment. In addition, the entire collection should be fumigated. [23] The park and Regional Office adopted the recommendation and relocated the Cook Papers Collection from Omaha to Lincoln.
Two days of excavations by a team from Foothills College, California, took place in August 1972. Led by Dr. James R. Macdonald, the student paleontologists arrived on August 6 and spent the following day organizing for the dig with Roy Weaver. On August 8 and 9, excavations (via permit) at several sites were heavily visited by the curious public. Following Macdonald's visit, Weaver devoted time to preparing a contract for the paleontologist to author a section of the park's forthcoming handbook. [24]
In September 1972, the Nebraska Department of Roads relocated the "Agate unincorporated" signs and placed "No services next 60 miles" signs south of Harrison and north of Mitchell on Highway 29. [25] On September 6, Roy Weaver accepted a transfer to the position of Waweep District Ranger at Glen Canyon; October 8 marked Weaver's final day at Agate Fossil Beds. In the interim before Dennis J. Turay entered on duty on December 1, Don Harper and rangers from Scotts Bluff alternated in supervising the area. Seasonal Ranger Bill Taylor worked his regular work week during this period. [26]
Roy Weaver's four years at Agate Fossil Beds is a significant administrative tenure. Weaver—and by extension those superintendents under whom he served—established positive relations with the local community and was held in high esteem. He participated in calf-brandings on area ranches with eagerness and passed the "test" for acceptance. He recalled, "I was paid the ultimate compliment when Ralph Moravia, a neighboring rancher of conservative views, exclaimed, 'Roy, you're OK, for a Government man.' When I was transferred one of my neighbors quite seriously suggested that I quit the Park Service, stay in the area and work for them." [27] Weaver enjoyed playing poker with his neighbors and hosted several "poker evenings" in his own home amidst the trailer complex referred to by one local man as "the sheep camp" (anathema to cattlemen). Weaver served as an officer in the Harrison's Mens Club and a volunteer in the Sioux County Volunteer Fire Department. Carol Weaver, Roy's wife, immersed herself in the local women's group, the Log Cabin Club. Through these intimate social contacts, Roy Weaver successfully presented the National Park Service mission at Agate. Although most understood Service policies, Weaver admitted, "It was difficult for them to accept the exclusion of 'all that good grass' from grazing." [28]
Four years after the death of Margaret C. Cook, the Agate Springs Ranch again became the year-round permanent home for Cook family members. In November 1972, Dorothy and Grayson Meade relocated from Calgary, Alberta and became full-time residents, in part to prove the family's determination to keep the ranch and stave-off condemnation by their physical, daily presence. The ranch, fully restocked and regaining economic vigor, became a registered, family-operated corporation. [29]
The Threat of Condemnation, 1973-1974
Condemnation proceedings overshadowed nearly all other activities in 1973. An interpretation of past negotiations by Robert Simmons and his clients, however, added further controversy to the already complex situation. In a June 1973 letter, Simmons stated that the late Fred Fagergren promised that "I could assure these ladies that at no time during their lifetime would the Park Service ever attempt to take their land or any part of it to prevent them from using the land for ranching purposes." When Homer Rouse became superintendent, he wanted the verbal agreement formalized, warning that if a new proposal was not accepted before July 1, 1970, condemnation proceedings would be initiated for a scenic easement. When this happened, Simmons claimed he telephoned Fagergren who said he had no intention of pursing condemnation, but that the action was done in order to obligate funding while negotiations continued. Fagergren assured there would be no litigation. Simmons said Fagergren's good faith in the matter was evidenced by the lack of any established trial date. Upon Fagergren's death, however, new leadership both in Omaha and Scotts Bluff saw scenic easement requirements become more demanding and some parts of the proposed scenic easement east of Highway 29 became fee acquisition. Because the Service wished to restrict modification of ranch buildings, the Cook heirs asked for substantial damages if they could not use their property like other area ranchers. Simmons believed the demand for fee acquisition evolved because the Service thought "if they were going to have to pay substantial damages, they might as well own the land." Simmons concluded:
Not only because of Mr. Fagergren's assurances but because they need the land in their operations of the ranch, my clients have directed me to resist in every possible way the taking of the fee but to cooperate in every possible way for the acquisition of the scenic easement that would protect the land and keep it in the same general condition for such future time as the Park Service may need it in some future generation [sic]. [30]
A careful review of Park Service records failed to reveal evidence corroborating Simmons' contentions. Apparently, these verbal agreements were just that, and not committed to paper. Upon receipt of Simmons' letter, however, the Park Service investigated the history of land negotiations, but the files do not indicate that any specific new information was uncovered. [31]
As far back as January 30, 1973, the Meades informed Superintendent Harper and Management Assistant Turay that they would oppose any "National Park Service actions to obtain interest in Agate Springs Ranch land and that condemnation would be the only way the Government could proceed if it wished to obtain ownership of their lands." [32]*
As court dates were set, more conferences were held. In a June 9 meeting at Scotts Bluff with Superintendent Don Harper, the Meades requested that the Park Service dismiss its condemnation suit in exchange for scenic easements. Harper refused. [33]** In a June 15 meeting at the ranch, the Meades and Margaret Hoffman again tried to persuade Harper to change his recommendation and not proceed with condemnation. Harper presented reasons why the land should be within the National Monument: "1) Red Cloud's campsite, 2) Devil's corkscrew area, 3) Right-of-way for access road, 4) Historic trails, 5) River fishing (stated as a very minor point), [and] 6) A good managerial unit." [34] Civility broke down when the superintendent stated he would not change his recommendation for fee simple title even if permitted to do so: "[They] immediately requested the Regional Director's name and address and stated that they would contact him, since the local people would not cooperate. Statements of letters to Congressmen and their ensuing investigations were also made." [35]
*Dennis Turay later recalled of that meeting: "I had the impression the Meades were trying to convince Mr. Harper and myself to take up their point of view and do what we could to help dismiss any action being taken by the National Park Service to obtain interest in their lands. I felt they had intellectually and emotionally taken the cause of battling "Big Government" and preserving the "Historic Cook Ranch" for the Cooks and they were convinced their point of view was good and just and, if anyone viewed the matter in any manner contrary to their conviction, they would fight them to the finish." See Management Assistant to Superintendent, 7 August 1973, L1425.
**Don Harper confessed to Regional Director Leonard Volz: "I do not understand why the Meades approached me since their lawyer has written a letter requesting dismissal of the suit, unless this is an attempt to delay proceedings or cloud the situation. At this time I cannot recommend any change in our acquisition program." See Harper to Volz, June 14, 1973, L1425.
The Service did agree to renew negotiations, but not renounce condemnation unless an agreement was reached. [36] Letters appealing to legislators followed [37], and were answered by Leonard Volz on July 10, 1973. Volz admitted that administrative reorganizations and the absence of key individuals had indeed hampered the Service's effectiveness, but it continued to make every effort to accommodate the Cook heirs while complying with the Congressional mandate. Because the heirs had declared the Service "would never get any interest in their land except by condemnation," Volz stated, "It was at this point that we proceeded with Eminent Domain action in fee." He continued:
The tract in question contains formations known as "Devils corkscrews" which are an integral part of the unit. Chief Red Cloud's camp-site is also located thereon and the access road to the Visitor Center traverses the parcel. To acquire anything less than fee would make an unmanageable situation and possibly costs of nearly fee value, leaving the visiting citizens very little if anything useable for the funds expended. [38]
Volz, Assistant Regional Director for Operations Ken Ashley, Regional Lands Chief John Wright, Legal Assistant Alfred Suarez, and Superintendent Harper met with the Cook sisters and Robert Simmons at Agate on July 13, 1975. Grayson Meade led the group to various devil's corkscrew's on Service lands, stating that the quantity was more than sufficient for park purposes. The negotiations reached an impasse after the heirs insisted it was not Congress's intent to include the ranch headquarters and that their stepmother had misrepresented the property which she had the authority to donate or sell to the government. Following a lunch break, Volz presented five alternatives:
1) Complete acquisition in fee simple
2) Fee acquisition with possible adjustments in the taking
3) The Park Service would do nothing
4) A scenic easement
5) Taking all the ranch property including that west of the highway.
Volz stressed the need for a manageable unit. Simmons countered with a proposal for a scenic easement for the entire area with cattle grazing and irrigation continuing as before, Service maintenance of the road and fencing, and a damages fee of $15,000. The meeting adjourned with Volz asking for Simmons' offer in writing at which time Volz would consider it in the interest of favorable park operations. [39]
On July 15, while both sides considered their respective positions, Dennis Turay inspected daemonelix specimens on the former Buckley tract and then crossed over onto the Agate Springs Ranch land on the pretext of fire protection patrol and to check on boundary monuments. He did not receive permission from the Meades prior to the inspection. Turay operated under a suspicion that the Meades, two days previously, had not shown Park Service personnel all the daemonelix existing on the tract. Turay researched file information and found the bulk of these fossils could be found on disputed Tract 01-103. Crossing the boundary monuments, Turay searched for daemonelix:
Just by walking a short distance south and west, a tremendous quantity of outstanding Daemonelix were visible. I was very elated, and felt that these spacimens [sic] were the best to be found within our proposed boundary (I had been looking all over our lands for the previous 3 months and could find nothing to compare with what I saw in a short 20 or 30 minute look on Tract 01-103). I had a feeling Grayson Meade was trying to keep the facts about the Daemonelix on Tract 01-103 [a] well-guarded secret and had tried to steer our attention to the few Daemonelix on Highway 29 and the few poorly exposed specimens on our own lands. I did not feel I was trespassing or going beyond my duties during the process of discovering what earlier N.P.S. studies had said was there all along. [40]
Without acknowledging that a previous inspection had occurred, Paleontologists J. Reid and Laurie Macdonald; Midwest Region Interpretive Specialist Jim Schaack; and Don Harper and Dennis Turay inspected the Cook tract on July 26 with Grayson Meade. Schaack determined the daemonilix deposits merited Park Service control and only fee acquisition could provide adequate preservation of all the historic and geologic sites. [41]
When Grayson Meade discovered it was Turay's clandestine investigation which prompted the Macdonald and Schaack visit, he became enraged and confronted Turay for his "low and despicable act." [42] Such was the volatile state of area public relations.
Hopes raised by the July 13 Volz-Simmons meeting were dashed in early September when the National Park Service rejected the Cook heirs' terms. On September 10, Superintendent Harper refused an interview with a local television news reporter who had been contacted by Dorothy Meade. Harper, on the advice of the Midwest Region and Washington Office's, declined to comment because to do so might prejudice the outcome of the trial set for October 1 in North Platte. [43] Two days later, Dorothy Cook Meade issued an open "Situation Statement" to friends and neighbors. It accompanied a petition directed at Senator Roman Hruska to intercede and stop condemnation of fee title to the disputed 565 acres. The five-page letter outlined the history of "our struggle with the National Park Service," and the last four paragraphs succinctly summarize its tone and objective:
For some years the NPS has been getting a reputation in many states for its ruthless land grabs and dictatorial approach to the taxpayers. In Nebraska, up to now, the image of the benevolent Service and its friendly rangers has remained unscarred, largely because almost no one in Nebraska has had direct experience with NPS power plays. If this case gets into court, it will be the first condemnation of land by the the NPS in the state of Nebraska.
The Act does not mention specific land to be acquired; only township and range. If it is legal to condemn our 565 acres, as distant and irrelevant to the Monument as they are, the NPS could equally well under the Act condemn any land within the township, on any equally capricious excuse. If they force sale of our 565 acres, they may well decide to acquire another 585 acres, to complete their permissable 3,150 acres.
My father, Harold Cook, originally interested the NPS in making a Monument of the fossil quarries, and building a museum to house the donated collections of fossils and Indian artifacts, shortly before his death. He has placed us in the position of the Bedouin who let the camel put its head into the tent: we have been trying ever since to heave the rest of the camel out.
There is no question that the Monument, as it exists today, would not have been possible without the care and forethought of my father and grandfather in preserving the collections and developing and protecting the fossil quarries. It would be a poor return, indeed, for their public spirit if the National Park Service were allowed to dismember the ranch that they built. [44]
The Meade letter and petition enjoyed wide publicity throughout the region. [45]
The land acquisition litigation, "a situation requiring careful treatment," took precedence over all other administrative concerns. Don Harper remarked that the four sisters and their lawyer were masters at using "all forms of news and communications media in their effort to cancel, avoid, or delay the proceedings." [46] While the condemnation controversy continued to swirl, local park highlights were the beginning of construction of the storage and maintenance building on October 23, and submission of Dr. James Reed Macdonald's manuscript to Harpers Ferry Center for a park handbook.
Several trial dates had been set only to be canceled by a request for a delay. The persistence of the Department of Justice prosecutors, however, convinced the defendants to seek a negotiated settlement. A critical element was introduced on November 20, when Deputy Assistant Secretary of the Interior Douglas P. Wheeler wrote to the Cook heirs. Wheeler designed the letter to reach an agreement. Rationalizing the area was not vital to the purpose of the national monument, Wheeler admitted there was no condemnation action being pursued against the ranch headquarters area or any land west of Nebraska 29. Wheeler added a qualifier to his remarks:
Although we would be reluctant to make a formal, written commitment that this portion of the Ranch would never be acquired for the Federal project, we can definitely say that there are no present intentions of acquiring this land west of the highway. [47]
Deputy Assistant Secretary Wheeler's letter was the capstone of the eight-year struggle. Accomplished in December 1973, the official settlement was filed the following month in U.S. District Court in Omaha. The government agreed to pay $40,000 for title to 300 acres and scenic easement on 264 acres. Fee title land lay north of the county road at the park entrance off Nebraska 29 and included approaches to the Devil's Corkscrew area. The scenic easement encompassed land directly south of the county road and east of the Agate Springs Ranch headquarters. The decision left all land west of Highway 29 in the hands of the Agate Springs Ranch. [48]
Both sides compromised on their previous positions. The Cook sisters gave up more land than they wanted, and were bound under the scenic easement not to sell, build, or make any other changes without Park Service approval. Lawyer Robert Simmons told reporters, "The National Park Service wanted 500-plus acres of clear-title land when they started out, but we contended that would hurt the ranching operation." He added that while his clients were not pleased with the settlement, they felt it was more equitable than the original offer. [49] Another positive development from the settlement was the withdrawal of the lawsuit to regain possession of the Cook Collection.
In the aftermath of the court's decision, the Cook heirs asked that all boundary markers on land not owned in fee by the government be removed. This included all land west of Highway 29 as well as land east of the highway which marked the scenic easement. [50] In referring the request to the Midwest Regional Office, Don Harper recommended the markers be retained in the scenic easement area to delineate the boundary. [51] The response from Omaha dictated that scenic easement markers be retained, but those west of the highway could be removed at the owner's expense. [52]
Other 1974 developments included the completion of the storage and maintenance building on April 25. The eighty- by thirty-foot prefabricated steel structure cost $28,620, and included a maintenance shop (twenty by thirty feet), a storage room (twenty by thirty feet) and a garage (forty by thirty feet). Adjacent to the interim headquarters development area, the new facility also featured a fenced-in propane supply tank. [53] A weekly evening interpretive program began for the first time during the summer months, and the end of the year saw yet another change in permanent onsite managers when Dennis J. Turay transferred to Lake Mead National Recreation Area. [54] The park and Regional Office rejected the request from Fort Laramie that several items donated to them by Harold J. Cook, now surplus to their needs, be reunited with the Cook Collection. No one wished to add to the unwieldy size of the collection. [55]
Harrison, Nebraska, lawyer John H. Skavdahl, a relative of one of the area ranchers, appealed to the Nebraska Congressional Delegation on August 2, 1974, for the harvesting of hay on monument lands. He cited the serious drought, depressed livestock prices, and potential economic impact should ranchers be forced to liquidate segments of their herds because of insufficient winter feed. He contended that within the Agate monument were 250 acres of subirrigated hay meadow, a potential yield of 200 tons. He asked that the Park Service allow the hay to be cut by Sioux County ranchers to curb the critical hay shortage, asserting that ranchers would follow Service regulations and pay a fair price. Skavdahl cited a refusal of his initial appeal by the Midwest Regional Office on the grounds that the park was a natural area. Skavdahl countered that the area had been harvested by the prior owner as recently as 1973, and the environmental impact on wildlife would be minimal. [56]
Senator Carl Curtis* forwarded the Skavdahl complaint to Ira Whitlock, Chief of Legislative Services, in the Washington Office. [57] The response came from Director Ronald H. Walker, who concurred with the park and Region:
The monument has initiated management programs to restore this area to a natural condition in order to perpetuate the stands of native prairie. This process of restoring a natural condition will be quite long, and the native vegetation is sensitive to activity which may disrupt this revegetation process. In order to achieve this restoration, we consulted with the Soil Conservation Service recently. That Agency indicated that the process of restoration will require that no haying or grazing be carried out for a period of another 5 to 10 years, dependent upon weather conditions.
The various forms of wildlife have been gradually returning to the former ranch area as the native species return. The action of cutting hay on this land at this time would also set this wildlife trend back considerably. Apparently, there was some misunderstanding in reference to the implication that the entire 250 acres has been cut for hay as recently as 1973. Actually, the only area which has been harvested since 1969 is the 33.9 acres located in what is referred to as the "horse pasture." The majority of the area has been in the process of revegetation since 1969. [58]
*Senator Hruska, and likely others in the Nebraska Delegation, rejected the "parochial request." See Honorable Roman L. Hruska (former U.S. Senator from Nebraska), interview with author, Omaha, Nebraska, 26 June 1986, transcript, p. 9.
Fortified by a strong record of resisting similar requests elsewhere, the National Park Service stood firm and upheld its prohibition of hay harvesting at Agate Fossil Beds.
Superintendent Don Harper reported in mid-January 1975 that Mrs. Dorothy Meade was using the Bicentennial commemoration in an effort to pressure the Service to return the Cook Indian artifacts for display either at the Agate Springs Ranch or the Harrison Museum. Harper noted no official request had been received from Mrs. Meade and that, ironically, most of the Indian artifacts stored at Scotts Bluff were not even in Nebraska, but were at Harpers Ferry Center for preservation treatment. [59]
Harper found himself in a difficult, but not unfamiliar, position. Having grown up on a ranch in South Dakota, he was aware of the problems and aspirations of area ranchers. Harper's Park Service training and experience prepared him to administer Agate Fossil Beds, a new area undergoing all the growing pains associated with authorization and development. He made a point of acquainting himself with the monument's neighbors,* playing poker with some, dropping by to visit others, and participating in seasonal cattle roundups. Although cognizant of the ranchers fervent desire to keep grazing lands which had been passed from one generation to the next, Harper embodied the Service's mission at Agate Fossil Beds as interpreted to him by the Regional Director and the Director. He did not consider administering the monument from Scotts Bluff, forty miles to the south, a detriment. Communication between Harper and the onsite Ranger-in-Charge (who, according to Harper, is free to be "somewhat neutral" and not the traditional Park Service "bad guy") was constant. Long-standing Service administrative policy is for the Ranger-in-Charge to keep the Superintendent informed on all matters either by telephone or by frequent mutual visits. While the Ranger-in-Charge exercises great flexibility as onsite manager, ultimate policy implementing decisions, however, rests with the Superintendent. [60]
*For a candid discussion of the relationship of the management team of Don Harper and Dennis Turay with the principal landowners, see Mrs. Grayson E. (Dorothy Cook) Meade, interview with author, Agate Springs Ranch, 22 May 1986, transcript, pp. 22-24.
Dennis Turay's successor, John B. Rapier III, arrived on January 19, 1975, with the title Ranger-in-Charge. A new park ranger position remained vacant. A temporary clerk-stenographer position also remained vacant until May when Jeanne E. Weber entered on duty. [61] (Jeanne Weber's temporary position became permanent a year later).
A request to resume excavations at the monument went to Midwest Regional Chief Scientist Jim Larson on March 28. The request was from Dr. Robert Hunt, Coordinator of the Division of Vertebrate Paleontology, University of Nebraska State Museum. Hunt was initially approached by Richard Strand, Visual Information Specialist, Harpers Ferry Center, to assist in making reconstructions of fossil animals for exhibition at Agate Fossil Beds. Robert Hunt used the opportunity to present a sales pitch of his own to Larson. Since 1972, Hunt and several graduate students were compiling a detailed geological map of northern Sioux County by examining all known fossil mammal materials. The study area encompassed 720 square miles with Agate and the Niobrara River the southern terminus. Hunt predicted the project would continue for five more years and believed a key element rested in uncovering the mysteries beneath the Agate hills. He argued, "Because two of the North American Land Mammal Ages are based on rocks and faunas from the map area, we believe that our work in the redefinition of these units is of fundamental importance to North American paleontology." [62] Although it did not bring results for several years, Hunt's petition set the process for approval in motion.
The 1975 visitor season saw a few maintenance improvements. The monument's power supply was improved and the roads were regraded through a cooperative effort with Sioux County. [63] The season also saw its first and only rattlesnake bite in monument history, and the victim was not a visitor, but a park employee. On August 21, Seasonal Park Ranger William W. Taylor caught a sixteen-inch rattlesnake on the Fossil Hills Trail. Taylor took the reptile back to the maintenance shop to place it in a paper sack whereupon he planned to exhibit the creature to his Gering High School science students. When he released the snake into the sack, the creature had enough leverage to strike instantly, embedding its fangs into Taylor's right index finger. After Taylor received medical attention, John Rapier, filing a case incident record, reassessed monument policy on snakes. Long-standing monument procedure was to move snakes away from the trail and headquarters area for the safety of visitors. Snakes in other areas were left alone. Rangers regularly patrolled trails and warnings appeared on trail guides, the park brochure, as well as a sign at the beginning of the Fossil Hills Trail. The system was effective, Rapier noted, because in the monument's ten years, no visitor was bitten by a rattlesnake. [64]
An Operations Evaluation Team visited the park and issued their report in July 1975. The team, made up of Hugh Beattie, Tom Weeks, and T. B. Taylor of the Midwest Regional Office, noted the Agate Fossil Beds interpretive program was "surprising for a relatively new area. The visitor center trailer is quite well conceived and the exhibits and onsite personnel provide a well rounded and professional orientation to the area." [65] As for administration, the team reported:
Agate Fossil Beds is clustered with Scotts Bluff and is operated more or less like an isolated or detached district operation. This type of arrangement appears to be effective for the present despite some slight indications that Agate might suffer from the effects of the "step-child complex" which is many times common in such groups. We foresee a time in the future when developments at Agate will require additional staffing, funding, and a dissolution of the cluster. [66]
The principal objection, however, was in the area of planning. The team stated Agate Fossil Beds lacked "any really definitive planning to provide guidance for the many developmental activities which have been going on." Further, all development at the monument should halt until a new master plan was in effect. The nearly $80,000 interim headquarters development itself—five trailers; water, sewer, and power distribution facilities; and the large storage and maintenance building—"tend[s] to preempt any future honest planning activity." The operations evaluators declared that "the cart is before the horse and the tail does wag the dog! Consequently, we feel that it is absolutely imperative that a reasonably comprehensive planning effort be achieved in the near future." [67]
Direct fallout from this scathing report came in an August 20 meeting in Omaha between Superintendent Harper and Regional officials reviewing the exhibit plan developed by Harpers Ferry Center. Regional Director Merrill D. Beal shelved the exhibit plan, nearly a year in the making, until a master plan and interpretive prospectus were approved. [68]
In addition, Beal dispatched an interdisciplinary team to Agate Fossil Beds September 30 to October 3, as a result of the Operations Evaluation Report. The goal of the "Special Study Team" was to ascertain the viability of the 1966 Master Plan. Members included Team Captain Fred Kaas, Landscape Architect Dan Wilson, Engineer Ralph Dierks, and Interpretive Specialist T. Hewitt, all from Midwest Regional Office; Superintendent Dave Lane, Pipestone National Monument; and Superintendent Don Harper and Ranger-in-Charge John Rapier III, Agate Fossil Beds. The Special Study Report noted three major problems in the Master Plan: interpretation, access, and location of developed areas.
Of the three problems, location of developed areas received intensive attention. Complicating the issue were archeological investigations conducted in the summer of 1975. Archeologists uncovered a large site beneath the interim developed area which, under the 1966 Master Plan, was the same as the permanent development area. Additionally, the team found it to be "in one of the most visually intrusive locations in the valley." Unlike the Operations Evaluation Team, the Special Study Team did not consider the existing facilities of "such value that they will influence future planning." Rather, the trailers and maintenance building could be relocated with only the loss of concrete slabs and utilities. The team identified and evaluated five alternative sites for the permanent development area: (1) Existing Headquarters Site; (2) Cirque Site (30 to 50 feet on the north side of the county road below the water storage tank); (3) Hoffman Ranch Headquarters Site; (4) Quarry Site and Paleontological Area (University and Carnegie Hills, and Amherst Point); and (5) Nebraska Highway 29 and County Road Intersection (northeast corner).
The Special Study Report itemized the following recommendations:
The present master plan. . . be retained with updating as necessary reflecting 1975 conditions and findings of this report and the following major items to be added to or substituted for those of the 1966 plan.
1. The main developed area to be situated at the intersection of State Highway 29 and the County Road.
2. An interpretive facility at the quarry site. This structure to receive no lighting or other utilities, to be strictly interpretive in nature, and to be so sited as to be invisible from the immediate valley as well as the approach to the quarry and the Bone Cabin.
3. No split development facility. With the exceptions of the Bone Cabin and the quarry interpretive facility all development to be in the developed area as stated above.
4. The primary visitor parking area to be at the main developed area with an off-season parking area within 1/2 mile of the quarry site.
5. Transportation system. Except during the off-season there will be no visitor vehicular traffic in the valley.
6. The Cook Ranch to be restored to a yet to be determined period and retained as a form of a living history interpretive facility. No visitor entry of the house except by special arrangement.
7. The Bone Cabin to be retained, restored to the period of its historic significance, and interpreted accordingly. All other structures at the Hoffman Ranch to be obliterated and the site restored. None of the Red Cloud Collection to be housed at the Ranch, but rather in the visitor facility.
8. Relocation of the present County Road outside the monument boundary. This road connects State Highways 29 and 2 and is used quite frequently by area ranchers.
9. The Stenomylus Quarry development to be of last priority and utilized by special interest persons by permit only. No general public use.
10. The use of solar and wind energy will be considered for use in the visitor and residential facilities. [69]
The team also recommended the interim facilities be retained as is until construction of permanent development ten years in the future—but with three stipulations. First, a permanent maintenance foreman position should be established. If increasing visitation merited, enlarged visitor facilities should be considered in consultation with Harpers Ferry Center. All Service structures in the headquarters area should be repainted in buff or earthtone colors to mitigate the harsh aluminum glare. Also, the Hoffman Ranch House, empty since spring 1975, should be occupied by John Rapier and family until its demolition and the vacated trailer utilized as seasonal quarters. Finally, the quarry in situ exhibits should be upgraded with new protective covers and interpretive signs. [70]
Senator Hruska's Diligent Offensive 1975-1976
The opening salvo in a battle of words fought in Agate, Omaha, and Washington, D.C., and studiously covered in the press, was lobbed by the lawyer of the Cook sisters. In a July 9, 1975, letter to Senator Roman Hruska, Robert G. Simmons, Jr., related a conversation he had had with a retired Interior Department official who thought that the State of Nebraska should be managing the fossil beds. The unidentified retired employee said the National Park Service never wanted Agate Fossil Beds, but that "it was pushed on them by an act of Congress." [Of course the public record does not substantiate this viewpoint.] Further, the Service did not have the funds to operate the remote area and "it is really a research facility and they are not in the research business." The man also confided to Simmons that he thought it shameful the Park Service had the Cook Collection with no plans to display it. Simmons asked Senator Hruska if he would investigate. Simmons pointed out that as a member of the Board of Regents of the University of Nebraska, he intended to find out if the University would want to administer the fossil beds should the Park Service abandon the area. [71]
Hruska, who prided himself as a champion in the establishment of Agate Fossil Beds National Monument ten years before, forwarded Simmons' inquiry to Director Gary Everhardt. Hruska himself was not in sympathy with this viewpoint nor did he believe it represented the views of the National Park Service. [72] His was a significant congressional inquiry; Hruska was the ranking Republican on the Senate Appropriations Committee. In the meantime, Hruska's staff did some homework of its own; one of the Senator's aides called Midwest Region Programs Coordinator R. Neil Thorne inquiring how much money had been spent and the development schedule for Agate Fossil Beds. [73]
The response to the congressional inquiry came on August 7, from Midwest Regional Director Merrill D. Beal:
Let me assure you first that we in the National Park Service who have direct responsibilities for Agate Fossil Beds are in no way disenchanted with the area. There has been no thought of transferring management to the State of Nebraska. We regard it as a worthy National Park Service area. Visitation to Agate Fossil Beds is increasing steadily, up 19 per cent through June of this year as compared with last year.
It is true that development of the area has not proceeded as rapidly as we would have preferred. Problems with acquisition of land within the Monument have delayed the planning and development of facilities. However, recent negotiations and land acquisition make it possible now to proceed with planning, including development of the Master Plan and Interpretive Prospectus. That done, we will be able to program for proper development.
Regarding the Harold Cook collection to which Mr. Simmons' letter made reference, the collection is in storage at the Scotts Bluff National Monument. Before display efforts can be planned, there needs to be a cataloguing of the collection. We are hoping to accomplish cataloguing in the reasonably near future. [74]
Rather than placate the Senator, Beal's letter merely added fuel to the fire. On September 24, Senator Hruska wrote to Director Gary Everhardt that "plans for improving visitor facilities at the Agate Fossil Beds National Monument in Nebraska are not progressing at a satisfactory pace." He advised Everhardt that in 1965, he was told permanent facilities would be completed in two to three years. While conceding that past land acquisition problems had held up development, Hruska declared, "I see no reason why more progress has not been made in upgrading this important national historic site." The Senator was alarmed by information received from Omaha which forecast construction into the 1980s:
My office was informed that residences for Park Service personnel would not be started until at least 1979, that a permanent building to study and interpret the fossils and artifacts and exhibit them could not be built until 1980, and that administrative offices and a visitors' center are not planned for construction until at least 1983.
I strongly urge that Park Service priorities be changed to move up this proposed construction timetable for the Agate site.
It seems very strange to me that the Agate Fossil Beds National Monument, which the Park Service has described as "world renowned for its rich concentrations of the fossil remains of mammals that lived fifteen million years ago," should be given such low priority. It will be almost 20 years after the bill was signed creating the Agate Fossil Beds National Monument that visitor facilities will be constructed if current Park Service plans remain in effect. That is much too long.
According to the Omaha regional office of the Park Service, the proposed budget for the Agate site for FY 1976 is $42,900—an increase of only $200 over the FY 1975 figure of $42,700.
I ask that you seriously consider recommending more funds for Agate for the upcoming FY 1977 budget so that work can begin as soon as possible to replace the temporary structures there with permanent facilities.
Your cooperation in this matter would be greatly appreciated. My office stands ready to assist you in any way possible. [75]
A week later, Hruska's letter was released to the media. [76]
The Midwest Regional Office provided assistance in answering Senator Hruska's letter, but a communications breakdown in the Washington Office almost caused embarrassment for the Service. Distress was averted when the response was literally snatched from the Director's desk for correction. The error was discovered in Omaha on October 15 when a memorandum, signed by Deputy Director Russell Dickenson, stated that the $38,000 project for visitor center exhibits at Agate Fossil Beds had been diverted to cover cost overruns at Independence Hall. The $38,000 project had been included in the response to Hruska as one of the Fiscal Year 1976 projects. A series of telephone calls to the Washington Office revealed that few had been told about the reprogramming. Officials corrected the communications breakdown and revised the response before the Director signed and mailed it. [77] Dated October 24, Director Gary Everhardt's letter stated:
We share your concern in the delayed construction of permanent structures for this site which was authorized some 10 years ago. During this decade, approximately 90 new areas have been added to the National Park System that will cost approximately a billion dollars to develop in accordance with the authorizations and intent of Congress. In addition there are older areas of the Service that have a large backlog of construction work to rehabilitate and restore existing facilities to meet current demands of high visitation and services consistent with national policies.
The short-term and long-range developments at the Agate site will be dependent upon funds made available to the Service to meet the most essential projects and national thrusts. Beginning in fiscal year 1972 and through fiscal year 1975, major emphasis was placed on developing and rehabilitating facilities in park areas directly associated with the events of the American Revolution which has to be completed for the Bicentennial Celebration in 1976. Consequently, the major portion of budget allowances for development during this period was allotted to these areas. [78]
Everhardt explained that in addition to the Bicentennial, environmental requirements of the Federal Water Pollution Control Act of 1972 (P. L. 92-500), and Executive Order 11752* dominated the Service's budget. He continued:
A planning team recently visited the Agate site to review the current use of existing facilities and determine future developments for the park. The team's recommendations are now under review. A decision will soon be reached to determine whether or not the existing master plan that was prepared in 1966 is adequate or if the document should be revised to meet current conditions and policies.
The fiscal year 1977 budget is in the formulation stage. However, the inclusion of funds for permanent structures at Agate will be very difficult due to the lack of prerequisite advance planning and the President's desire to limit Federal spending. [79]
*Signed by President Richard Nixon on December 17, 1973, E. O. 11752 required the Federal Government to design, build, and maintain facilities compatible with the environment in cooperation with State and local governments. With both of the above-cited antipollution measures, the National Park Service had to rehabilitate all inadequate sewage treatment facilities or build new ones by July 1, 1977. To meet the impending deadline, the Service dedicated the bulk of its budget to the environmental initiative.
At this point, the war of words was in full swing, On November 7, Senator Hruska wrote, "I am most disappointed in the tone and substance of your most recent letter. . . . I believe that Agate is one of those 'most essential projects' and more funds should be made available for it—as soon as possible." Hruska added a suggestion, backed by legislative pressure:
You mention that the recommendations of a planning team which recently visited Agate are being reviewed. It is hoped that a reevaluation of Agate's priorities within the Park Service will be considered and the schedule for the construction of permanent facilities there will be moved up.
It is strongly urged that as you formulate the Park Service budget for 1975, consideration be given to the allocation of more funds for Agate. As a member of the Interior Appropriations Subcommittee—which has jurisdiction over the Park Service budget—be assured of my continuing interest in this matter. [80]
The Senator then released the Everhardt letter to the media. [81]
On December 1, growing weary of the controversy, Gary Everhardt apologized to Roman Hruska that his previous letter was unsatisfactory. In his letter, Director Everhardt stated:
We do consider Agate Fossil Beds a high priority. However, planning and construction funds made available to the National Park Service for the last several years have not been adequate to keep up with the need, considering the number of new areas added to the National Park System. Consequently, most of the newer areas have not been developed in accordance with original intents and plans at the time of authorization.
The findings and recommendations of the planning team that recently visited Agate have been reviewed by the Midwest Regional Office. During the inspection of the area, it was found that the proposed construction site for the Headquarters-Visitor Center facilities would be located on an extensive archeological site that must be considered for preservation and protection, in accordance with the National Historic Preservation Act of 1966. Additionally, if built at the proposed location, these facilities would be a visual intrusion on the valley floor within less than a mile of the fossil-bearing buttes which are the primary resource of the monument. In view of these findings, it now appears that the existing master plan prepared in 1965, along with an environmental impact statement, will have to be completely revised and presented to the public for review, comment and recommendations.
Since no new construction can be accomplished until those requirements have been met, we will begin work on the master plan and environmental statement as soon as possible. Upon completion, we will request funds for planning and development in accordance with guidelines formulated in the revised master plan. [82]
Roman Hruska's impatience was understandable. He was in his final Senate term, having decided not to seek reelection in 1976. Examining his Senate career, Agate Fossil Beds National Monument was an outstanding accomplishment for his home state. In terms of permanent visitor facilities, Agate Fossil Beds had progressed very little in the ten years since President Johnson signed the authorization act. Hruska had to act swiftly to get the National Park Service moving again at Agate Fossil Beds before his term expired. He was unprepared, however, for Everhardt's unyielding response. The war of words had come to confrontation. On December 5, 1975, Senator Hruska lashed out:
Your most recent letter concerning the status of the Agate Fossil Beds National Monument was read with astonishment. It is inconceivable to me that after ten years it now has been determined that proposed facilities for the monument are too near the fossil beds. Surely, the fossils have not moved during that period of time.
This apparent mismanagement and neglect of the Agate site is very disturbing. It is my request that you and your appropriate staff meet with me and members of my staff as soon as possible to discuss this situation. Each time I write to you it seems I get a different story about the reasons for delay in the development of Agate.
You can be sure that when you and other representatives of the Department of the Interior appear before the Senate Interior Appropriations Subcommittee to testify on your proposed budget for FY 1977, questions about the Agate situation will be forthcoming. As a member of that subcommittee I will want to be assured that other Park Service projects are not being managed in the same manner as Agate. [83]
A week later, Senator Hruska again released the exchange of correspondence to reporters who pounced on the story. [84] One syndicated columnist commented:*
As Everhardt will soon find out, it is not good to fool Grandfather Hruska.
Agate had better receive funding and permanent construction had better go ahead or quite a few other NPS projects including NPS's budget will be sand-bagged in the Subcommittee, and as the ranking Republican on the full Appropriations Committee, Hruska has enough clout to make good on his veiled threat. The betting is Everhardt will back down. [85]
*The column, "Washington Grabbag" by A. J. Montgomery of the Rand News Service (serving Nebraska, Iowa, Minnesota, and South Dakota), appeared in the December 17, 1975, Scottsbluff Star-Herald.
The basis of Hruska's fundamental difference of opinion with Everhardt involved Hruska's view of Agate Fossil Beds within the National Park System. While he conceded that Agate was not a spectacular unit—unlike Yellowstone, Grand Teton, or Glacier National Parks—he believed Agate represented a vital component "to complete the picture." Hruska did not believe Agate Fossil Beds was receiving its fair share of funding and attention, but had lost out to the "star performers" in the System. When Everhardt argued that the Bicentennial celebration required a monopoly of attention and funding, that is where Hruska drew the line. As the principal author of the bill (serving as Chairman of the Subcommittee for Celebrations and Holidays), Hruska painstakingly ensured that the Bicentennial celebration would be of a local nature and not a single national event. For example, a $100 million exposition in Philadelphia was rejected as inappropriate. Likewise, slighting Agate Fossil Beds, a Federal unit significant to the nation's prehistory, could not be justified. Nor could the monopolization of funding for correcting environmental problems be forwarded as a justification to deny funding to local projects like Agate. [86]
In a briefing statement prepared for the Everhardt-Hruska meeting, Midwest Regional Director Merrill D. Beal rehashed all the old arguments and stated the bottom line: "While the Service has not been able to develop Agate Fossil Beds in the way which we would have liked, nonetheless (1) we have acquired the essential lands, (2) the resource is being protected and (3) the visitor is being served." [87]
The December 17 meeting did see Director Gary Everhardt change his position. Roman Hruska announced that the Park Service was beginning work immediately on a new master plan and public hearings would commence in the spring. Everhardt agreed to present the Senator with a construction timetable for a visitor center, headquarters and residences "as soon as possible." Hruska declared to reporters, "I think this is a sign that the 10 years of neglect of this area by the Park Service has ended." [88]
In essence, Hruska had indeed won a major battle, but the war of attrition would ultimately outlast his waning Senate term.
In January 1976, Service officials announced the first step was to initiate an environmental assessment to be completed by March. If any significant impacts were discovered which necessitated a full environmental impact statement, a full year would then be required to complete the master plan and development proposals. [89]
In March, the Midwest Regional Office submitted a briefing statement answering questions raised by Senator Hruska. The budget for Agate Fossil Beds in Fiscal Year 1977 allocated $48,200 for operations and maintenance, an increase of $1,700 over Fiscal Year 1976, plus $30,000 in advance planning funds for development concept plans and comprehensive design for a visitor center, and $20,000 for an interpretive prospectus. If the environmental assessment identified no adverse effects, funds for construction drawings and specifications would follow in Fiscal Year 1978, and construction in Fiscal Year 1979. [90]
While the environmental assessment required additional time, Harpers Ferry Center made progress in comprehensive design. By mid-May, review of plans and drawings began, followed by a meeting in Omaha on May 27. The comprehensive design plan included new plexiglass fossil protection cases and interpretive graphics, wayside exhibit for the Red Cloud Campsite, rehabilitation of the visitor center trailer, and area for full-scale fiberglass depictions of Morupus, Diceratherium, Dinohyus, and Stenomylus. [91]
Ominously, funding for the Development Concept Plan/Comprehensive Design did not make the Fiscal Year 1977 program. In light of this, on August 20, the Midwest Regional Office provided the Director with an update on development plans for Senator Hruska. Each alternate location for permanent facilities presented environmental problems requiring additional definition and resolution. Foremost was the need to determine the extent and significance of the archeological site at the existing interim development, which was believed to be associated with the Dismal River Apache culture. The Midwest Archeological Center would determine the extent and importance of the cultural site. The timetable submitted in January was already askew. Instead of March, the environmental assessment did not undergo public review until the end of September. [92]
Midwest Regional Office personnel attempted to have Agate Fossil Beds historic resources listed on the National Register of Historic Places during the year. As early as 1972, the nomination process began for the Harold J. Cook Homestead Cabin ("Bone Cabin"), and 1976 revisions to the nomination were accomplished by Architectural Historian (Engineer) Richard I. Ortega. National Register recognition for the Bone Cabin finally came on August 24, 1977. [93] A National Register inventory/nomination for the Agate Springs Ranch, originally prepared by Roy W. Weaver, languished for over a decade in draft form because the property was not under the jurisdiction of the National Park Service and could not, therefore, be nominated by the Service. With ranch headquarters ownership unlikely in the near future, Regional Historian David A. Clary recommended the form be sent to the Nebraska State Historical Society in order for that agency to nominate the historic Agate Springs Ranch to the National Register of Historic Places. [94]
October 1976 marked the first anniversary of Senator Hruska's public offensive to speed National Park Service development at Agate Fossil Beds National Monument. The Lincoln Sunday Journal and Star commemorated the occasion in a critical investigative report. The October 10 article noted the Service spent an estimated $872,000 since 1962, with only $219,000 allocated for interim facilities, roads, and trails. The report highlighted the disparity in visitation figures: predicted in 1965 to reach 120,000 to 200,000 in ten years, the monument experienced a peak of slightly more than 11,000 in 1975. The "Catch 22 of Agate" was also defined: "The National Park Service won't give more money to Agate because visitor turnout has been small. And more people won't visit Agate until the Park Service allocates more money to provide adequate facilities." Most importantly, the article cited the outcome of the November general election as the principal determinant of Agate's future. Not only was Senator Hruska retiring, but President Gerald R. Ford's proposed ten-year Bicentennial Land Heritage program, which included $637,000 for planning and construction of the Agate Fossil Beds visitor center, was in jeopardy if the incumbent lost to Jimmy Carter. [95]
The Great Agate Fence Fight
Another controversy with the Cook heirs came to a head in mid-1976. Roots of the dispute dated back to 1967 when the park monumented the boundary between it and the Agate Springs Ranch. Employing his cartographic skills, Grayson Meade charged that the Service was denying the Cook heirs substantial acreage of grazing land owned by Agate Springs Ranch. In January 1973, following two field investigations with Grayson Meade and George Hoffman, Management Assistant Dennis Turay discovered the old boundary fence deviated to the southwest of the monument on the west property line. While Turay offered the possibility of moving the fence in spring, he took the opportunity to inform Meade that the special use permit which allowed the ranch to continue getting its water from monument land would expire April 1. Angered, Meade stated he might remove the boundary markers which were on his property. Turay reported to Harper, "I told him it would be in the best interest of all concerned to leave them until the land situation is cleared up. He was not impressed." [96]
On May 1, 1973, Turay hammered out an agreement with Grayson Meade in which each would fence one-half of the common boundary south of the county road. Surveying and fence installation commenced immediately. [97] On June 9, in the aftermath of an unfruitful meeting with Don Harper over the impending condemnation litigation, the Meades demanded that fencing activity cease because copies of surveyor's notes had not been delivered sixty days in advance of construction as required by law. The same evening, Harper ordered Turay to terminate all fencing activity and then delivered survey papers (a certificate) on June 15. [98] Two months later, Grayson Meade demanded that fence building be halted because he still did not have the surveyor's notes, only a certificate. Turay refused, and three days later, on August 23, Harper concurred with continuation of the project. The same day, laborers began removing the fence along the county road and another surveyor arrived to ensure the location of the south boundary. [99]
The acquisition settlement in January 1974 created a new fence fight. Prior to this time, verbal agreements among neighboring property owners in which both sides agreed to share expenses for erecting common boundary fences were standard. Superintendent Harper's interpretation of the settlement agreement differed from that of Robert Simmons and his clients. Harper contended that grazing would cease in the areas purchased by the Park Service by May 1, 1975; also, damages awarded to Agate Springs Ranch included damages "that took into account the landowners responsibility to fence the common boundary if they elected to continue animal grazing on their property." Harper, backed by the Omaha office, stated that continued grazing would damage fragile daemonelices and natural vegetation. He warned, "All grazing on Government land must, therefore, cease immediately." [100] Pursuit of the matter was prompted by a desire to end grazing and initial planning for an interpretive roadside pullout at the Red Cloud Campsite.
Simmons responded in July 1975 that the settlement only stated there would be no damage from grazing prior to May 1, 1975, not that grazing would terminate. He contended his clients were willing to construct and maintain "a just proportion of the division fence," [101] but the 1974 agreement did not specify that the damages awarded included the responsibility to fence the boundary if grazing on adjacent ranchland continued. [102]
On August 12, 1975, Regional Director Merrill D. Beal ruled that the Service should seek the typical fifty-fifty effort in the fence controversy, [103] and, if unsuccessful, consider funding the entire northern common boundary on land acquired from the Cook estate. Harper recommended against the later provision arguing the potential alienation of all area owners who contributed an equal share of funds for common boundary fencing. Harper appealed to Beal:
Construction of 100 percent of the fence at Agate Fossil Beds National Monument at this time without consideration will influence future fencing projects at Scotts Bluff National Monument. These fence projects at Scotts Bluff. . . begin this fall and extend for five years with "Use and occupancy" provisions. Consistency is probably quite important.
Since the Cook Estate will probably never be "friendly neighbors," and the other ranchers are not yet enemies, I recommend that we fence the north boundary at Agate, but only if the Cook Estate pays for half or if they build an equal amount of fence on the south and/or west portion of the land. The time for construction of this southern section could be extended since the area is not as critical, but it would have to be fully documented to ensure compliance. This recommendation will, I believe avoid the problems of building the fence in total. [104]
With grazing continuing unabated, Harper recommended on October 15, 1975, that the Park Service proceed with fifty percent of fence construction and resort to litigation to ensure the Cook Estate paid the remainder, plus terminated its trespass grazing. [105]
By mid-1976, the Park Service's half of the fence was up, but the Agate Springs Ranch had done nothing and trespass grazing continued. On June 22, Regional Director Merrill D. Beal asked for an opinion from the Field Solicitor, Department of Interior, Minneapolis-St. Paul. [106] On July 29, Beal told Harper that the Meades must begin constructing their share of the remaining fence within four weeks upon receipt of an official notification. Failure to do so would result in the Service contracting the fence construction and submitting a bill of collection to them. Should it go unpaid, the Service would file a civil action suit in a State of Nebraska court. [107]
The incident was an important milestone in the monument's history. The "fence fight" episode was a classic example of clashing positions, i.e. the institution of National Park Service regulations in a new park area. It was this difficult situation in which Ranger-in-Charge John Rapier found himself in the fence fight, acting as intermediary between Superintendent Don Harper and the Meades. Regional Director Beal and Superintendent Harper wanted the matter settled permanently and expeditiously. The Park Service would use any means available under the law to resolve the fence fight. The "worst-case" scenario involved the Park Service hiring men to roundup the trespass cattle and transporting them via truck to a feedlot. For the Agate Springs Ranch to reclaim its cattle, it would have to reimburse the Service for the roundup, transportation, and feedlot expenses. Meanwhile, the Federal Government would vigorously pursue its complaint action over the fence through the Nebraska court system. [108]
The Meades decried the fact that they were forced to sell the land and then fence half of it. Mrs. Meade later commented, "We thought it was rather like the people who have to dig their grave and then stand there and be shot!" [109] With local public relations already abominable, Rapier spoke out vehemently against appropriating Agate Springs Ranch cattle:
I talked long enough and hard enough against that kind of an operation as a very last resort. I didn't want to do something like that. You would wreck your relationship, not that they were great, but anything you had or any chance of improving them.... If you don't get along with the local community and local people, you can't expect any support for things you do in the future; you're not a separate entity unto yourself. If you can't deal with the ranchers you have really isolated yourself and created a lot of problems for the area. [110]
On July 31, John Rapier and Seasonal Ranger Bill Taylor personally delivered the official letter indicating the Park Service's intention to settle the matter in court. [111] Threat of appropriating cattle and legal recourse was successful. Rapier received an assurance that the fence would be built. The property fence to the west and northwest was completed by year's end. [112]
On October 19, 1976, Merrill D. Beal approved an updated version of the Statement For Management, [113] but not before Dorothy C. Meade had her chance to comment during public review. In an August 28 letter to Don Harper, she protested "several inaccuracies and misstatements contained therein,. . . distortions. . . both expressed and implied." Mrs. Meade objected to the map which encompassed the Agate Springs Ranch west of Highway 29, reference to the ranch as a cultural resource of the monument, use of "authorized boundary," and three trails she believed did not exist: Fort Laramie-Fort Robinson Trail, the Lieutenant Warren Trail, and the Indian Trail. [114] In a patient October 1 reply, Harper explained the Service's position, agreeing only to change the terminology on "authorized boundary." [115]
The interpretive pamphlets showing the ranch headquarters area within the authorized boundary were particularly irksome for the Meades. For many years they enclosed map did not specify that the area was privately owned and operated; the visiting public naturally assumed the picturesque setting was a part of the park. According to Dorothy Cook Meade, park visitors proved to be a constant problem:
We were [bothered] at first. Very much. It was because they had those pamphlets in which the green area or whatever the color was indicated that this was part of the Monument. So people drove right in, started driving their tent stakes in, and we had to go out and dislodge them. I always felt strange about it in a way because Grandfather [Cook] had always been so wonderfully welcoming, but of course those were different days, too.
It lasted probably a couple of years until my niece's husband at our request painted a sign for the gate saying private property—"Agate Springs Ranch Private Property"—which has kind of an ugly look to it. We hated that, but we thought perhaps a few people would get the message and it did seem to taper it off. [116]
In mid-November, Superintendent Harper released to the media results of an archeological survey by the Midwest Archeological Center. The survey indicated that the site in the interim developed area lacked significance, and was therefore ineligible for nomination to the National Register. Harper also announced permanent facilities could and would be placed in this area, [117] north of the Niobrara River and within sight of the Fossil Hills.
Permanent Visitor Facilities? 1977-1980
The year 1977 began with the administration of Gerald R. Ford giving way to the Jimmy Carter team. Democrats J. J. Exon and Edward Zorinsky represented Nebraska in the Senate. A new voice in the House was Nebraska 3rd District Congresswoman Virginia Smith, a member of the Committee on Appropriations. The Meades lost no time in enlisting Congresswoman Smith's assistance following a promise during the 1976 campaign in which Smith stated she would permit no further land acquisition at Agate Fossil Beds as long as she was in Congress. Mrs. Meade wrote to Congresswoman Smith on February 3, 1977, asking Smith to intervene with the Secretary of the Interior to ensure that the Agate Springs Ranch was excluded when he designated the boundaries of the national monument. Dorothy Meade extended an invitation to Smith to visit the ranch:
To be able to speak from first-hand observation on the spot would strengthen your position in opposing further land acquisition for this Monument in the Appropriations subcommittee. . . . Admittedly, with a change in Administration, such designation may be years in the future. Yet we are concerned that Harper, and possibly his Regional Director, Merrill D. Beal, will push the matter, and it might be expedited. [118]
Planning for the permanent visitor center began in 1977. The Denver Service Center awarded a contract for architectural design to the firm of Rogers-Nagle-Langhart. [119] In the maintenance area, the park initiated bi-weekly monitoring of the monument's water system for bacteria levels, [120] and completed the fence removal program. Agate Fossil Beds' full-time maintenance worker, James Hanson, entered on duty August 14. In interpretation, poor attendance during the weekly summer evening interpretive events resulted in cancellation of the program. [121]
Significant personnel changes occurred in 1978. Don Harper transferred to the position of Superintendent, White Sands National Monument, New Mexico, on August 13. Harper was succeeded by Robert L. Burns, former Superintendent of Pictured Rocks National Lakeshore, Michigan. Rapier and Hanson remained the two onsite permanent employees. Visitation during the 1978 visitor season found them overburdened even with the assistance of five seasonals and 15 Volunteers In Parks (VIPs). Progress was made on the park's first Resources Management Plan which was submitted for Regional review at year's end. Opal Bradford, from the Rocky Mountain Region's Mining Office, conducted a search of Sioux County records for potential mineral rights inholdings. Concentrating on land inside and adjacent to the monument, "Nothing threatening was found." In maintenance, a new sunscreen for the visitor center trailer's porch began and a new 1,000-gallon fiberglass septic tank and leach field was installed at the permanent Ranger's residence. [122]
His 1975 petition finally bearing fruit, Robert Hunt of the University of Nebraska-Lincoln won a contract to provide a geological/paleontological survey at Agate Fossil Beds. Hunt began work on a geological map indicating fossil-producing sites and a report on the fossil potential of the various geological formations and quarries. Small pit tests were authorized, not large-scale excavation.
Preliminary drawings for the visitor center and administrative complex were also underway in 1978. Richard Strand and Judith Johnson of Harpers Ferry Center visited the Meades at the Agate Springs Ranch to photograph and measure Captain Cook's den for the replica in the proposed visitor center museum. Strand and Johnson discussed the $1,000,000 development project with the Meades who were "appalled" and inspired to initiate another letter-writing campaign to the Nebraska Congressional Delegation. Dr. Grayson Meade objected to the display of life-size models of animals to be found at the fossil beds instead of emphasizing actual specimens. He objected to termination of plans to build an interpretive center into Carnegie Hill. "To exhibit fossils in a visitor center a mile away from the quarries," Meade stated, "would essentially be duplicating what can already be seen in museums across the country." He also questioned whether the bone bed had not already been worked out and if there were sufficient extant deposits to merit an expensive facility. [123]
On February 23, 1978, Midwest Regional Director Merrill Beal responded to Grayson Meade's charges in a letter to Congresswoman Virginia Smith. Beal began with an update on the status of the visitor center:
Development of the visitor center has been slower than earlier projections had indicated. However, planning of the building is now under way in correlation with the developing Interpretive Prospectus. We anticipate that planning will extend through the remainder of Fiscal Year 1978, with construction beginning sometime the following year.
The preliminary cost figure for actual building construction is approximately $600,000. This amount also covers supporting facilities, including administrative office space, first aid room, restrooms and a storage area for the Cook Collection materials. . . .
The interpretive portion of the building will include approximately 600 square feet of floor space for the exhibition of the remarkable Indian artifacts collected by Captain Cook. The paleontology room is planned to be only slightly larger to provide space for utilization of models of prehistoric animals until adequate articulated specimens may be obtained at the fossil quarries.
The small library will contain the Harold J. Cook paleontological library and will remain small enough to eliminate the need for a librarian. A preparation lab will be contained in the building as required by the enabling legislation. [124]
Beal assured Smith the project was cost and space efficient, and questioned Meade's conclusion that the beds were depleted:
The National Park Service [Robert Hunt] has made test excavations in three different locations around the fossil hills for in-situ exhibit purposes and each time have found the fossil bone layer. This indicates that the layers extend throughout the hills.
If Mr. Meade's schedule does not permit his personal involvement, perhaps he would provide the identities of the other geologists who share his theory. The National Park Service certainly wants to ensure that all aspects have been investigated prior to any commitments.
To make the changes suggested by Mr. Meade would involve several more years of delay in the construction of the visitor facilities. While we appreciate Mr. Meade's concern, we feel that the planning done to date is based upon accurate information as to the content of the fossil hills and careful consideration of the most effective way to present the Cook artifact collection to the visiting public. [125]
Acting Regional Director Randall R. Pope sent a similar letter to Grayson Meade on April 14. [126]
A May 1978 Operations Evaluation Report declared the startling news that site planning for the proposed visitor center was in limbo. Team members Hugh Beattie and Tom Weeks of the Midwest Regional Office stated, "It appears that the A&E may have gone to a lot of effort without the necessary direction from the NPS." The firm was asked to return to the drawing board and submit plans on the following problem areas: potential floods of the Niobrara, snow and sanitary waste removal, and the possibility of visitors climbing onto the roof of the building. As for the Cook Collection, it was still stored in three separate areas, the maintenance building at Agate and the Quonset hut and vault at Scotts Bluff. Beattie and Weeks were concerned for the general care and preservation of the collection, specifically the lack of climate, insect, and rodent controls. The operations evaluators recommended Regional Curator John Hunter review the situation. [127]
During 1978 the Midwest Regional Office directorate frequently discussed the question of formal establishment of Agate Fossil Beds National Monument. Bill Dean, Executive Assistant to the Regional Director, noted:
The possibility of establishing the main portion of the monument now and adding another section later was discussed. It was decided that the piecemeal approach might be undesirable and that there was no really compelling reason to take any action now since nothing would be gained. It was, therefore, decided on July 10, 1978 to give the matter no further consideration for the present. [128]
President Jimmy Carter signed P. L. 95-625, the National Parks and Recreation Act of 1978, on November 10. Section 101 of Title I provided for increases in development ceilings. Agate Fossil Beds was one of twenty-nine units included. Recognizing the toll of inflation, Section 4 of the Agate Fossil Beds National Monument Act of June 5, 1965, was amended by changing the development ceiling at Agate from $1,842,000 to $2,012,000. [129] The $170,000 increase resulted in a tentative Fiscal Year 1981 construction date. [130]
Preliminary drawings for the visitor center/administrative facility were completed in 1979, and construction drawings commenced. Harpers Ferry Center printed the park's handbook. Dr. Robert Hunt completed his study, Report on the Geology and Paleontology of the Agate Fossil Beds National Monument, Sioux County, Nebraska. The park accomplished several energy conservation projects. Employees planted fifty-one trees, cottonwood, ponderosa pine, and Rocky Mountain juniper, around the headquarters area and the ranger residence to provide a windbreak, shade, and view screen. They replaced the rotted visitor center trailer porch and built a sun shield. Workers placed insulation in the ranger residence's attic and installed a woodburning stove both there and in the maintenance building. Other projects included elevating the ranger residence's access bridge on the Niobrara to mitigate winter ice jams and flooding problems, installing a wheelchair ramp to ensure handicapped access at the visitor center, and initiating a herbarium guide to help visitors identify monument wildflowers. [131]
Regional Curator and Physical Security Coordinator John Hunter inspected the physical plant on April 17. He subsequently developed a Crime Prevention—Physical Security Plan. An immediate result was the installation of heavy-duty padlocks and cylinder deadlocks for the visitor center, maintenance building, and Cook storage room. [132]
Hunter's curatorial findings on the condition of the Cook Collection were particularly ominous. Since the 1960s, only 200 items had received adequate preservation treatment; the remainder of the collection continued to deteriorate, particularly the Cook Papers Collection. He recommended major conservation work on 10,000 items, minor preservation treatment for 30,000 items, and the entire collection be placed in adequate storage conditions. (Subsequently, the park moved the majority of the Cook material, save that in the Scotts Bluff vault or small storage room at Agate, to the Quonset building at Scotts Bluff). Hunter also recommended an inventory of the Cook papers and recataloging according to acceptable standards. The estimated cost was $125,000 over a five-year period. [133]
By far the most negative media coverage in 1979 came from the Lincoln Journal. A June 25 article titled "Agate Fossil Beds Monumental Flop," raked the Park Service over the coals using new Midwest Regional Director Jimmie L. Dunning's own words against him. Statements from the interview with Dunning such as "it is pretty far off the beaten path," "boring," and "don't expect any construction in the foreseeable future" were used to weave a dismal report. The inflated pre-authorization visitation figures compared to the current low figures, the newspaper asserted, proved the fossil beds "have been a monumental flop as a tourist attraction." [134]
The low point of Bob Burns' rather uneventful superintendency was the January 1980 Regional Office announcement that the programmed construction date for the visitor center had been pushed back from Fiscal Year 1981 to 1985. [135] Service promises and assurances offered during Roman Hruska's mid-1970s initiative went by the wayside. With the country in recession and the Federal budget deficit growing, no permanent visitor facilities for Agate Fossil Beds National Monument were in sight.
Failure to achieve progress in development at Agate Fossil Beds was particularly bitter for Roman L. Hruska. "Retired" in Omaha and serving as a consultant to a prominent law firm, Hruska watched the high priority fall back to the bottom of the Park Service list. It was a "great disappointment" for the park's legislative mentor to witness. When asked later if the assurances of 1975-76 were designed to placate him until leaving office, Hruska replied: "I'll have to leave that for your own interpretation. The succeeding events did not comply nor were they in harmony with the representations that were made at the time. The events speak for themselves." [136]
Endnotes
1. Superintendent Homer L. Rouse to Regional Director Leonard J. Volz, 12 January 1971, A6435.
3. Robert G. Simmons, Jr., to Homer Rouse, letter, 8 February 1971, with enclosures: Receipt and Record, Mary E. Graham, 26 June 1916; and Cook Museum of Natural History, 24 September 1931, Mary E. Graham, D6215.
4. Superintendent Rouse to Assistant Director, Park Operations Evaluation,12 February 1971, D6215.
5. Ibid., Rouse to Robert G. Simmons, Jr., letter, 23 February 1971.
6. Regional Director Volz, to Regional Solicitor, Department of the Interior, Denver Regional Office, 12 March 1971, D6215.
7. Superintendent Rouse to Regional Director Volz, 26 March 1971, D6215.
8. Regional Solicitor Palmer King, Office of the Solicitor, Department of the Interior, Denver Regional Office, to Robert G. Simmons, Jr., letter, 2 April 1971, D6215.
9. Curator Vera Craig, Harpers Ferry Center, trip report, 24 April 1971, D6215.
10. Homer L. Rouse, "Scouts and NPS Soar," National Park Courier (June 1971), p. 5, A22, SCBL.
11. Superintendent Rouse to Superintendent, Rocky Mountain National Park, 26 July 1971, D6215.
12. Agate Daily Log, 24 October 1970 to 31 December 1973, Log No. 2, Daily handwritten activity listings at Agate Fossil Beds National Monument. See entry 9 June 1971. (Hereinafter cited as Agate Daily Log No. 2).
13. Ibid., see entries 18-19 June 1971, and 11 January 1972.
14. Ibid., see entries 5 and 7 March, and 26 July 1971.
15. Superintendent Rouse to Regional Director Volz, 6 August 1971, D3415.
17. Acting Superintendent Lary D. Barney to Superintendent, Fort Larned National Historic Site, Kansas, 2 September 1971, D3415.
18. Assistant Director, Park Operations and Support, to Superintendent, Fort Larned National Historic Site, Kansas, 19 October 1971, D6215.
19. Superintendent Donald Harper, note for files, 2 February 1972, D6215.
20. Superintendent Harper to Regional Director Volz, 10 January 1973, A2621, SCBL.
21. Superintendent Harper to Regional Director Volz, 29 February 1972, D6215.
22. Management Assistant Roy Weaver, note for files, 14 August 1972, D6215.
23. Staff Archeologist, Midwest Archeological Center, to Regional Director Volz, 10 May 1972, D6215.
24. Agate Daily Log No. 2, see entries 6 through 9, and 19 August 1972.
25. Ibid., 31 August and 2 September 1972.
26. Ibid., 6 September; 8 October; 1 December 1972.
27. Roy W. Weaver, Superintendent, Edison NHS, New Jersey (Former Agate Fossil Beds Management Assistant), to Ron Cockrell, letter, 14 April 1986, H1417, Cultural Resources Management, Midwest Regional Office Files.
29. Mrs. Grayson E. (Dorothy Cook) Meade, interview with author, Agate Springs Ranch, 22 May 1986, transcript, p. 22; and Mrs. Meade to Congressman Dave Martin, letter, 21 June 1973, L1425.
30. Robert G. Simmons, Jr., to Congressman Dave Martin, letter, 14 June, 1973, L1425.
31. Summary of Land Negotiations, Agate Fossil Beds National Monument, Tract 01-103, typewritten list ca. 1973, L1425.
32. Management Assistant Turay to Superintendent Harper, 7 August 1973, L1425.
34. Superintendent Harper to Regional Director Volz, 14 June 1973, L1425.
36. John W. Wright, Jr., Chief, Division of Lands, Midwest Region, note to the files, 19 June 1973, L1425.
37. Mrs. Grayson E. Meade to Congressman Dave Martin, letter, 21 June 1973; and Winifred C. McGrew to Senator Warren G. Magnuson, letter, 26 June 1973, L1425. Both letters were carbon copied to pertinent members of Congress.
38. Midwest Regional Director Leonard J. Volz to Congressman Dave Matin, letter, 10 July 1973, L1425.
39. Chief, Division of Lands, John W. Wright, Jr., to Regional Director Volz, 16 July 1973, L1425.
40. Management Assistant Turay to Superintendent Harper, 11 August 1973, L1425. See also Agate Daily Log No. 2, entry 15 July 1973.
41. Interpretive Specialist James W. Schaack to Regional Director Leonard J. Volz, 3 August 1973, L1425. See also Agate Daily Log No. 2, entries 25 and 26 July 1973.
42. Management Assistant Turay to Superintendent Harper, 11 August 1973, L1425. See also Agate Daily Log No. 2, entry 11 August 1973.
43. Superintendent Harper to Regional Director Volz, 10 September 1973, L1425.
44. "Situation Statement: Agate Springs Ranch vs. Agate Fossil Beds National Monument," Dorothy Cook Meade, open letter to friends and neighbors, 12 September, 1973, L1425.
45. One example is: "Petition Circulated Fights Condemnation of Cook Land for National Monument," The Harrison (Nebraska) Sun (20 September 1973), p. 1, L1425.
46. Superintendent Harper to Regional Director Volz, 17 January 1974, A2621, SCBL.
47. Superintendent Harper to Mrs. Grayson Meade, letter, 1 October 1976, D18. Wheeler's letter is cited here.
48. United States of America, Plaintiff, vs. 850.39 Acres of Land, More or Less, in Sioux County, Nebraska; and Margaret Hoffman; et al., Defendants, Judgement and Order, Civil No. 1767-L, Final Judgement Filed 21 January 1974, L1425.
49. "Reach Settlement Additional Land Agate Monument," Harrison Sun (31 January 1974), K3415.
50. Robert G. Simmons, Jr., to Don Harper, letter, 21 June 1974, L1425.
51. Don Harper to Regional Director, 24 June 1974, L1425.
52. Acting Regional Director Robert L. Giles to Superintendent Harper, 8 July 1974; and Superintendent Harper to Robert Simmons, letter, 9 July 1974, L1425.
53. Completion Report, Storage and Maintenance Building, 26 June 1974, D3415.
54. Superintendent Harper to Regional Director Volz, 23 January 1975, A2621, SCBL.
55. Superintendent Harper to Regional Curator John Hunter, 24 October 1974; and Hunter to Harper, 4 November 1974, D6215.
56. John H. Skavdahl to Senator Carl Curtis, Congressman Dave Martin, and Senator Roman Hruska, letter, 2 August 1974, A3615.
57. Senator Carl T. Curtis to Ira Whitlock, letter, 8 August 1974, A3615.
58. Director Ronald H. Walker to Senator Carl T. Curtis, letter, 30 August 1974, A3615.
59. Superintendent Harper to Acting Regional Director, 13 January 1975, unmarked file following D6215—Agate Museum Items, Important Records.
60. Donald R. Harper, former Superintendent, Agate Fossil Beds National Monument, interview with author, Fort Collins, Colorado, 29 October 1985, transcript.
61. Superintendent Harper to Regional Director Merrill D. Beal, 26 January 1976, A2621, SCBL.
62. Dr. Robert Hunt, Jr., to Regional Chief Scientist James Larson, letter, 28 March 1975, D6215.
63. Superintendent Harper to Regional Director Merrill D. Beal, 26 January 1976, A2621, SCBL.
64. John Rapier III, Case Incident Record, 23 August 1975, unmarked file following A6435—Case Incident Record.
65. Beattie, Weeks, and Taylor, "Operations Evaluation Report, Scotts Bluff and Agate Fossil Beds National Monuments, July 1975" (Omaha: Midwest Regional Office, 1975), A5427, SCBL.
68. Regional Director Merrill D. Beal to Superintendent Harper, 14 August 1975; Harper to Rapier, 25 August 1975; and Chief, Division of Exhibits, Harpers Ferry Center, to Regional Director, 18 September 1975, D6215.
69. Team Captain to Team Members: memorandum concerning "Special Study Report, Agate Fossil Beds National Monument," 9 October 1975, D18.
71. Robert G. Simmons, Jr., to Senator Roman L. Hruska, letter, 9 July 1975, A3615.
72. Honorable Roman L. Hruska (former U.S. Senator from Nebraska), interview with author, Omaha, Nebraska, 26 June 1986, transcript, p. 7.
73. Midwest Region Programs Coordinator R. Niel Thorne and Randy Moody, Senator Hruska's office, memorandum of telephone call, 24 July 1975, D18.
74. Regional Director Merrill D. Beal to Senator Roman L. Hruska, letter, 7 August 1975, A3615.
75. Senator Roman L. Hruska to Director Gary E. Everhardt, letter, 24 September 1975, A3615.
76. "Hruska Wants Development at Agate," Scottsbluff Daily Star-Herald (1 October 1975), p. 1, K3415.
77. R. Niel Thorne to Office of Legislative Services; Carroll Thomas, Program Planning; and Bob Van Deusen, Programs Control, Washington Office, memorandum of telephone calls, 16 October 1975, F34.
78. Director Gary Everhardt to Senator Roman L. Hruska, letter, 24 October 1975, A3615.
80. Senator Roman L. Hruska to Director Gary Everhardt, letter, 7 November 1975, A3615.
81. "Fossil Beds Must Wait," Omaha World-Herald (11 November 1975), p. 13, K3415.
82. Director Gary Everhardt to Senator Roman L. Hruska, letter, 1 December 1975, A3615.
83. Senator Roman L. Hruska to Director Gary Everhardt, letter, 5 December 1975, A3615.
84. "Quick Agate Acts Sought by Hruska," Scottsbluff Daily Star-Herald (14 December 1975), p. 1, K3415.
85. Bill W. Dean to Ira Whitlock, Chief, Legislative Services, Washington Office, 17 December 1975, K3415.
86. Honorable Roman L. Hruska (U.S. Senator from Nebraska), interview with author, Omaha, Nebraska, 26 June 1986, transcript, pp. 8-9.
87. Regional Director Merrill D. Beal to Director Everhardt, 13 December 1975, A3615.
88. "Agate Beds Development is Promised," Omaha World-Herald (20 December 1975), K3415.
89. Regional Director Beal to Director Everhardt, 13 January 1976, A3615.
90. Briefing Statement, Questions Submitted by Senator Hruska, March 1976, D22.
91. Russell J. Hendrickson, Chief, Division of Exhibits, Harpers Ferry Center, to Regional Director, 19 May 1976, D6215.
92. Acting Regional Director James W. Ryan to Director Everhardt, 20 August 1976, A3615.
93. Regional Director Merrill D. Beal to Marvin F. Kivett, Director, Nebraska State Historical Society, letter, 8 April 1976 (enclosure is Bone Cabin National Register nomination), H34 Agate National Register File.
94. Ibid., letter, 19 May 1976 (enclosure is Agate Springs Ranch National Register nomination).
95. Richard Paxson, "Haste in Developing Agate Fossil Beds May Depend on Election," Lincoln Sunday Journal and Star (10 October 1976), p. 2B, K3415.
96. Ranger-in-Charge Dennis Turay to Superintendent Don Harper, 15 January 1973, D46.
97. Agate Daily Log No. 2, see entries 8, 15, and 30 January; and 1 to 9 May 1973.
98. Superintendent Harper to Regional Director Volz, 14 June 1973, L1425.
99. Agate Daily Log No. 2, see entries 9 and 15 June; 20 and 23 August 1973.
100. Superintendent Harper to Doctor and Mrs. Meade, letter, 23 June 1975; harper to Robert Simmons, letter [draft], 10 July 1975; Harper to Regional Director Beal, 10 July 1975; and Harper to Robert Simmons, letter [Midwest Region's response], 16 July 1975, L1425.
101. Robert Simmons to Superintendent Don Harper, letter, 9 July 1975, L1425.
103. Regional Director Merrill D. Beal to Superintendent Harper, 12 August 1975, L1425.
104. Superintendent Harper to Regional Director Beal, 26 August 1975, L1425.
106. Regional Director Beal to Field Solicitor, Department of the Interior,22 June 1976, D46.
107. Regional Director Beal to Superintendent Harper, 29 July 1976, D46.
108. John B. Rapier, III, Management Assistant/Ranger-in-Charge, interview with author, Agate Fossil Beds National Monument, 7 March 1985, transcript; and Donald R. Harper, (former Superintendent, Agate Fossil Beds National Monument), Fort Collins, Colorado, 29 October 1985, transcript.
109. Mrs. Grayson E. (Dorothy Cook) Meade, interview with author, Agate Springs Ranch, 22 May 1986, transcript, p. 19.
110. John B. Rapier, III, Management Assistant/Ranger-in-Charge, interview with author, Agate Fossil Beds National Monument, 7 March 1985, transcript.
111. Ranger-in-Charge John B. Rapier to Superintendent Harper, 1 August 1976, D46.
112. Superintendent Harper to Regional Director Beal, 17 February 1977, A2621 SCBL.
113. Statement for Management, Agate Fossil Beds National Monument (Approved by Midwest Regional Director Merrill D. Beal, 19 October 1976), D18.
114. Dorothy C. Meade to Don Harper, letter, 28 August 1976, D18.
115. Don Harper to Mrs. Grayson Meade, letter, 1 October 1976, D18.
116. Mrs. Grayson E. (Dorothy Cook) Meade, interview with author, Agate Springs Ranch, 22 May 1986, transcript, p. 20.
117. "Agate Fossil Beds Headquarters to Remain at Present Location," The Mitchell Index (18 November 1976), K3415.
118. Mrs. Grayson E. Meade to Congresswoman Virginia Smith, letter, 3 February 1977, A3615.
119. Superintendent Harper to Regional Director Beal, 6 March 1978, A2621, SCBL.
120. Superintendent Harper to Regional Director Beal, 20 April 1977, D5031, SCBL.
121. Superintendent Harper to Regional Director Beal, 6 March 1978, A2621, SCBL.
122. Superintendent Bob Burns to the Files, 7 March 1979, Notes from Management Assistant Rapier and Chief Ranger White for Annual Report 1978, A2621, SCBL.
123. Dr. Grayson E. Meade to Roman Hruska, letter, 17 February 1978, A3615. Dr. Meade's letter to Virginia Smith is similar in content.
124. Merrill D. Beal to Virginia Smith, letter, 23 February 1978, A3615.
126. Acting Regional Director Randall R. Pope to Dr. Grayson E. Meade, letter, 14 April 1978, A3615.
127. Hugh Beattie and Tom Weeks, Operations Evaluation Report (Omaha: Midwest Regional Office, May 1978), A5427, SCBL.
128. Bill Dean to Files, 7 August 1978, W3823.
129. "Public Law 95-625, 92 Stat. 3467, 95th Congress," Weekly Compilation of Presidential Documents, Vol. 14, No. 45 (1978): November 10, Presidential Statement, W3823.
130. Acting Regional Director Randall R. Pope to Chief, Office of Legislation, Washington Office, 2 April 1979, W3823.
131. Ranger-in-Charge John B. Rapier to Superintendent Burns, 10 March 1980, A2621.
132. John Hunter, "Crime Prevention—Physical Security Plan, Agate Fossil Beds National Monument" (draft recommended 25 October 1979), A7633.
133. Robert Burns, Detail of Annual Operating Requirements Form, 10 March 1980, folder-Chronological File—I&RM Division, Starting 11/29/79, SCBL.
134. Dick Ulmer, "Agate Fossil Beds Monumental Flop," Lincoln Journal (25 June 1979), K3415.
135. Acting Regional Director Randall R. Pope to Chief, Office of Legislation, Washington Office, 30 January 1980, W3823.
136. Honorable Roman L. Hruska (former U.S. Senator from Nebraska), interview with author, Omaha, Nebraska, 26 June 1986, transcript, p. 9.
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